HomeMy WebLinkAboutCC AG PKT 2006-12-11 #H
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AGENDA REPORT
DATE:
December 11, 2006
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
FROM:
Keith A Evanoff; CIMA, CRP, CRRA
Director of Administrative Servicestrreasurer
SUBJECT:
Award of Contract for Cabling Services
SUMMARY OF REOUEST:
That Council award a contract for cabling services to Answer Communications, Inc. in the
amount of$73,OOO and authorize the City Manager to execute said contract.
BACKGROUND:
The City's current cabling infrastructure was constructed on an "as-needed" basis with no
consideration for future technological evolution and its subsequent requirements. As a result, the
City's ability to communicate effectively and efficiently between city facilities and with
customers continues to deteriorate.
With the installation of a new cabling infrastructure, the City wiIl be able to support the current
generation of telephone systems and utilize technology such as the Internet more effectively in
communicating with the City's customers. Data and voice communications between City
facilities will be seamless providing greater efficiency and features that will improve
productivity.
The proposal includes plans to re-cable City Hall, the Police Department, the Lifeguard Station
and the Maintenance Yard with Ethernet Category 6E cable from various wiring closets to wall
mounted jacks which will support not only the Local Area Network (LAN) but a state of the art
phone system. Work will be completed as detailed below:
Citv Hall: Approximately 13,100 square feet is' distributed over three floors. The longest cable
run distance will be approximately 300 feet. Total number of cable drops will be one hundred
(100).
Police Denartment: Approximately 22,000 square feet is distributed over two floors. The longest
cable run distance will be approximately 200 feet. Total number of cable Crops will be one
hundred (100).
Life Guard Station: Approximately 1,900 square feet is distnbuted over three floors. The longest
cable run distance will be approximately 170 feet. Total number of cable drops will be eighty
(80).
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Agenda Item h'
Maintenance Yard: Approximately 3,100 square feet is distn'buted over one floor. The longest
cable run distance will be approximately 300 feet. Total number of cable drops will be sixty (60).
e A formal Request for Proposal (RFP) was advertised by the City in September 2006. However,
the City received only two responses - one complete and one incomplete. The complete response
was submitted by Answer Communications, Inc. Subsequent to review of the two RFP
responses, Staffrea1ized that an overhaul of the phone system would be better facilitated if the
cabling project was completed as a distinct activity. This will also aIlow for a re-evaluation of
the City's phone system requirements once the electrical infrastructure is in place.
FISCAL IMPACT:
Funds in the amount of$100,OOO were previously appropriated in the Adopted Budget for Fiscal
Year 2006/07 for cabling services and in the Capital Improvement Project fund. The estimated
cost of the project is $73,000.
RECOMMENDATION:
That Council approve the attached resolution awarding a contract for cabling services to
Answer Communications in the amount of$73,OOO and authorizing the City Manager to execute
said contract.
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Director of Administrative Servicestrreasurer
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Agenda Item
RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN CITY OF SEAL BEACH AND ANSWER
COMMUNICATIONS, INC FOR CABLING SERVICES
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION 1. The City Council hereby approves the Professional Services Agreement
between the City of Seal Beach and Answer Communications, Inc for cabling services.
SECTION 2. The Council hereby directs the City Manager to execute the Professional
Services Agreement with Answer Communications, Inc.
PASSED, APPROVED AND ADDOPTED by the City Council of the City of Seal Beach
this 11th day of December, 2006 by the following vote:
AYES: Council Members
e NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATIEST:
City Clerk
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Resolution is the original copy of Resolution Number _ on tile in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the 11 day of December. 2006.
City Clerk
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AGREEMENT TO PROVIDE
CABLE INSTALLATION SERVICES
THIS AGREEMENT is entered into this 26th day of October, 2006 between
Answer Communications, Inc., A California Corporation, 11502 Hawthorne Blvd.,
Hawthorne, California 90250 ("Contractor'') and the City of Seal Beach, a California
Municipal Corporation, 211 8th Street, Seal Beach, California 90740 ("City'')
(collectively, the "Parties'').
RECITALS
A. City requires cable installation services.
B. Contractor represents that it is fully qualified to perform such services.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as
follows:
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1.
Scone of Services. Subject to the terms and conditions set forth
herein, Contractor shall provide the services set forth in the Scope of
Work (Exhibit A), attached hereto and incorporated herein by this
reference. In the event of any discrepancy between this Agreement
and Exhibit A, this Agreement shall prevail.
2. Time for Performance. Contractor shall commence the services on
December 1st, 2006 and shall complete all services on or before March
1st, 2007.
3. Termination. City may terminate this Agreement for any reason on ten
days written notice to Contractor. Contractor shall cease all work on
or before the effective date of such notice. In the event that City
terminates this Agreement due to no fault or failure of performance by
contractor, Contractor shB11 be paid a pro-rata share of the full
compensation for all services and duties performed by the Contractor
based upon the percentage of work satisfactorily performed at the time
oftermination. In no event shall Contractor be entitled to receive
more that the amount that would be paid to Contractor for the full
performance of the services required by this Agreement. Contractor
shall have no other claim against City by reason of such termination.
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4.
Comoensation. City will compensate Contractor for services provided
in the amounts specified in the payment schedule set forth in the Scope
of Work.
5. Method of Pavment. Contractor shall submit to City an invoice for all
service performed. Each invoice shall describe in detail the services
rendered. City shall pay a deposit in the amount of 50% of the Total
Cabling Price set forth in the Scope of Work upon execution of this
Agreement. City shall make additional payments of 25% of the Total
Cabling Price when all cable has been pulled and the remaining
balance of25% when all work is complete. Within 10 business days
of receipt of each invoice, City shall notify Contractor in writing of
any disputed amounts included on the invoice. Within thirty days of
receipt of each invoice, City shall pay all undisputed amounts included
on the invoice.
6. Indeoer1llent Contractor. Contractor shall be an independent contractor
and shall not for any purposes whatsoever be an agent or employee of
City. Contractor shall have no power to incur any debt or obligation
for City. Contractor shall not at any time or in any manner represent
that it is or any of its employees, agents, or subcontractors are in any
manner agents or employees of City.
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7.
Indemnification.
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Contractor agrees to indemnify City, its officers, employees, agents
and volunteers against, and will hold each of them hannless from, any
and all actions, claims, costs, causes of action, demands, damages,
injuries, expenses, penalties, obligations or liabilities, in law or equity,
to persons or property, including wrongful death, that may be asserted
or claimed by any person, firm, entity, corporation, political
subdivision or other organization arising out of or incident to any acts,
errors or omissions of Contractor, its agents, employees,
subcontractors, or invitees arising out of Contractor's performance
under this Agreement. Contractor shall defend any action or actions
filed in connection with any of said claims, damages, penalties,
obligations or liabilities aild will pay all costs and expenses, including
attorneys fees and costs of litigation inCUIred in connection herewith.
Contractor will promptly pay and satisfy any judgment rendered
against City, its officers, employees, agents, and volunteers for any
such claims, damages, penalties, obligations or liabilities. In the event
City, its officers, employees, agents, or volunteers are made a party to
any action or proceeding filed or prosecuted against Contractor, its
officers, employees, agents and assigns, for such damages or other
claims arising out of or in connection with the acts of Contractor
hereunder, Contractor agrees to pay City, its officers, employees,
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agents, and volunteers any and all costs and expenses incurred by them
in such action or proC""'lling, including but not limited to, actua1
attomey's fees and costs oflitigation. Contractor shall reimburse City
and its officers, employees, agents and volunteers for any and all legal
expenses and costs incurred by each of them in connection therewith
in enforcing the indemnity herein provided. Contractor's obligation to
indemnify shall not be restricted to insurance proceeds, if any,
received by City, its officers, employees, agents and volunteers.
Contractor's covenants under this Section shall survive the termination
or expiration of this Agreement.
Contractor, on behalf of itself and all parties claiming under or
through it, hereby waives all rights of subrogation and contribution
against the Indemnitees, while acting within the scope of their duties,
from all claims, losses and liabilities arising out of or incident to
activities or operations performed by or on behalf of the Contractor
regardless of any prior, concurrent, or subsequent non-active
negligence by the Indemnitees.
8.
Insurance.
a. Contractor shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, a policy or
policies of comprehensive GeneraJliability insurance, with limits
of One Million Dollars ($1,000,000.00) for each occurrence and
in the aggregate, combined single limit, against any personal
injury, death, loss or dlimage resulting from the wrongful or
negligent acts or omissions of Contractor, its officers, employees,
agents and independent contractors. If such insurance contains a
general aggregate limit, such limit shall be three times the
occurrence limit.
b. Contractor shall at all times during the Term of this Agreement
also carry, maintain, and keep in full force and effect a policy or
policies or commercial automobile liability insurance with a
combined single limit of One million Dollars ($1,000,000.00),
per occurrence for bodily injury and property damage, which will
cover the drivers and automobiles used to perform Services
pursuant to this Agreement. Such insurance shall include
coverage for owned, non-owned, and hired automobiles.
c. Contractor agrees to maintain in full force and effect at all times
during the perrulwance of work under this Agreement Workers'
Compensation Insurance, including employer's liability
coverage, for the protection of Contractor's employees, with a .
minimum limit of$I,OOO,OOO.OO
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e d. The policy or policies required herein shall be issued by an
insurer admitted in the State of California with a rating of at least
B+, vn in the latest edition of A.M. Best's insurance guide.
e. Contractor agrees that if it does not keep the aforesaid insurance
in full force and effect customer may either immediately
terminate this Agreement for default by Contractor, or, if
insurance is available at reasonable cost, customer may take out
the necessary insurance and pay, at Contractor's expense, the
premium thereon.
f. Prior to commencement of work, and at all times during the term
of this Agreement, Contractor shall maintain on file with the City
Clerk a certificate or certificates of insurance showing that the
aforesaid policies are in effect in the required amounts, the
additional insureds are named therein, and the policies cannot be
canceled, reduced or otherwise modified except on thirty days
written notice by the insurance carrier to the City.
g. The genera1liability policy shall be endorsed to state that City,
its officers, employees, agents and volunteers shall be covered as
e additional insureds with respect to the work or operations
performed by or on behalf of Contractor, including materials,
parts or equipment furnished in connection with such work. The
automobile liability policy shall be endorsed to state that City, its
officers, employees, agents and volunteers shall be covered as
additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any automobile
owned, leased, hired, or borrowed by Contractor or for which
Contractor is responsible.
h. The policies required under this Agreement shall contain an
endorsement providing that the policies cannot be canceled, or
coverage reduced, except on 30 days prior written notice to the
City. Contractor agrees that it will not cancel, reduce, or
otherwise modify said insurance coverage.
i. The insurance provided by Contractor shall be primary to any
coverage available to City. The insurance policies required by
this Agreement shall include provisions for waiver of
subrogation.
j. Any deductibles or self-insured retentions shall be declared to
and are subject to City's approval. At the option of City, either
e the insurer shall reduce or eliminate the deductibles or self-
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insured retentions as respects City, or Contractor shall procure a
bond guaranteeing payment oflosses and expenses.
k. Nothing contained herein shall be construed as limiting in any
way Contractor's obligations of indemnification under Section 7
or other extent to which Contractor may be held responsible for
payment of damages to persons or property resulting from its
operations, including operations and work performed or
materials supplied by or on behalf of Contractor, any
subcontractors or by anyone directly or indirectly employed by
any of them.
9. Goveminl!: Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
10. Comllliance with Laws. Contractor shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations.
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11. No AssionTT\ent. Contractor shall not assign or transfer any interest in
this Agreement nor the performance of any of Contractor's obligations
hereunder, nor shall it subcontract any of the work described in this
Agreement or the Scope of Work without the prior written consent of
City.
12. Non-Waiver ofTenns. Rif[hts and Remedies. Waiver by either party
of anyone or more of the conditions of performance under this
Agreement shall not be a waiver or any other condition or perfonnance
under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City
of any breach of covenant, or any default which may then exist on the
part of Contractor, and the making of any such payment by City shall
in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
13. Attornev's Fees. If any action is brought to enforce or interpret the
provisions of this Agreement, or arising out of the services provided
by Contractor under this Agreement, the prevailing party shall be
entitled to actual attorneys' fees and all related costs in addition to any
other re1iefto which it may be entitled.
14. Time is of the Essence. Time is of the essence in the performance of
the services.
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15. Entire Aereement and Amendments. This Agreement represents the
entire and integrated agreement between Contractor and the City. This
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Agreement may not be amended except in a writing duly executed by
the parties.
WHEREFORE, the parties hereto have executed this Agreement as of the date first above
written.
CITY OF SEAL BEACH
ANSWER COMMUNICATIONS, INC.
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By:
City Manager
Name:
A-L~
LAL
Title:
f~ S \ l:::> ~ --r
Date
A TIEST:
Date:
\l- ?-~-06'
City Clerk
By:
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Name:
APPROVED AS TO FORM:
Title:
City Attorney
Date:
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EXHIBIT "A"
Scope of Work
Answer Communications, Inc., agrees to perform the following at the City of Seal Beach
Police Department:
Installation of new Cat-6 data cable at the following locations, also removing of old cable
and jacks.
LOCATION: CITY HALL
CAT-6 CABLE RUN PLENUM RATED
INCLUDES; CABLE, JACKS, AND LABOR.
96 PORT PATCH PANEL
(QTY 100)
SET OF WIRE MANAGEMENT
(QTY 1)
(QTY 1)
(QTY 1)
24 PORT PATCH PANEL
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LOCATION: POLICE DEPARTMENT
CAT-6 CABLE RUN PLENUM RATED
INCLUDES; CABLE, JACKS AND LABOR
96 PORT PATCH PANEL
(QTYI00)
SET OR WIRE MANAGEMENT
(QTY 1)
(QTYl)
(QTY 1)
24 PORT PATCH PANEL
LOCATION: PUBLIC WORKS
CAT-6 CABLE RUN PLENUM RATED
INCLUDES; CABLE, JACKS, AND LABOR
48 PORT PATCH PANEL
(QTY 60)
SET OF WIRE MANAGEMENT
(QTY 1)
(QTY 1)
(QTY 1)
24 PORT PATCH PANEL
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TRENCHING AND CONDUIT SUPPLIES
SHOP CONDUIT SUPPLIES
WALL MOUNT EQUIPMENT RACK
LOCATION: LIFEGUARD STATION
CAT-6 CABLE RUN PLENUM RATED
INCLUDES; CABLE, JACKS, AND LABOR
96 PORT PATCH PANEL
(QTY 80)
SET OF WIRE MANAGEMENT
(QTY 1)
(QTY 1)
TOTAL CABLING PRICE
$73,000.00
NOTE: ANY ADDS, MOVES, OR CHANGES WILL BE BILLED ADDITIONALLY.
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